Section
General Provisions
110.001 Title and purpose
110.002 Definitions
110.003 Operation prohibited except by franchise
110.004 Request for proposal; form
110.005 Severability
Franchise Agreement
110.020 Non-exclusive right
110.021 Franchisee acknowledgments
110.022 Contract duration
110.023 Effect at termination of contract
110.024 Termination by expiration of contract
110.025 Right of revocation reserved
110.026 Foreclosure; appointment of trustee or receiver
110.027 Transfer of effective ownership or control
110.028 Continuation of service
110.029 System sale upon revocation or non-renewal
110.030 Review sessions
Franchise Service Area
110.045 General extension of service
110.046 Service outside corporate limits
110.047 Special service areas
Payments By Franchisee
110.060 Reimbursements
110.061 Compensation
Design and Construction
110.075 Emergency override; standby power
110.076 System standards; signal carriage; channel access
110.077 FCC certificate of compliance
110.078 Construction in workmanlike manner
110.079 Existing pole and conduit usage
110.080 Temporary or permanent changes
110.081 Authority to order post-construction improvements
110.082 Minimum aboveground clearance compliance
110.083 Interference with property rights or fixtures prohibited; maps and records required
110.084 Underground installations
110.085 Unauthorized equipment; connection prohibited
Business Operations
110.100 Current technology required
110.101 Office hours; staffing
110.102 Service repair
110.103 Complaints
110.104 Prohibition of sale or service of parts or accessories; antenna and equipment
110.105 Books and records required
110.106 Permits, authorizations; FCC certificate of convenience and necessity
110.107 Documents submitted to County Manager
110.108 Reports
110.109 Full legal compliance
Rates and Charges
110.120 General provisions
110.121 Initial rates and charges; adjustments
110.122 Refunds
110.123 Advance payments; installation and reconnection charge
110.124 State, federal regulation
110.125 Public buildings, facilities
110.126 Public access programming charges
Franchise Agreement Administration
110.140 Limitation of franchisee recourse
110.141 Franchisee obligation continuing
110.142 Indemnification of town
110.143 Insurance
110.144 Performance bond; deposit in lieu of
110.145 Reservation of rights by town
110.146 Franchisee right to appeal
110.147 Subscriber list use prohibited
110.148 Right of privacy
110.149 Non-discriminatory practices
110.150 Individual right to appeal
110.151 Optional regulatory commission; Town Administrator/Town Clerk duties
110.999 Penalty
GENERAL PROVISIONS
(A) This chapter shall be known as the “Landis Cable Television Ordinance”.
(Prior Code, § 4.1-1)
(B) It is the purpose and intent of this chapter to provide for the town a cable television system which will serve present and future needs of the citizens and general public of the town, government, public institutions, commercial enterprises and lawful public and private organizations. The system, in its establishment, construction, operation, maintenance and regulation, shall be subject to and in compliance with the terms contained in this chapter and the franchise agreement referred to herein and all pertinent laws, rules, regulations, orders and policies of the Federal Communications Commission, the state, the town and all governmental agencies having jurisdiction over the same.
(Prior Code, § 4.1-2) (Ord. passed 9-19-1979)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, provided, that unless the franchise agreement otherwise requires or a different definition appears below, the terms used in this chapter shall have the meanings ascribed to them in applicable regulations of the Federal Communications Commission.
ACCESS CHANNELS. Those channels required by Federal Communications Commission regulations which, by the terms of this chapter or the franchise agreement, are required to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access or leased access.
CABLE TELEVISION SYSTEM. Any system which operates for hire the service of receiving and amplifying programs broadcast by one or more television and/or radio stations and any other programs originated by a cable television company or by another party and distributing the programs by wire, cable, microwave or other means to persons who subscribe to the service. The definition does not include:
(1) Any system which serves fewer than 50 subscribers; or
(2) Any system which serves only the residents of one or more apartment dwellings under common ownership, control or management and any commercial establishment located on the premises of the apartment complex and any hotel or motel complex and any condominium development and which transmits only signals broadcast over the air by stations which may be normally viewed or heard locally without objectionable interference and which does not provide any additional service over its facilities.
CONVERTER. An electronic device, used at a subscriber’s terminal, which converts signals to a frequency not susceptible to interference and distortion within the television receiver of a subscriber and which, by an appropriate channel selector, also permits a subscriber to view all delivered signals at designated dial locations.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the Federal Communications Commission (FCC) and applicable to cable systems, presently in force or as hereafter amended.
FRANCHISE and FRANCHISE AGREEMENT. Authorization granted pursuant to the terms of this chapter to construct, operate and maintain a cable television system within all or a specified area of the town. The FRANCHISE shall be granted in the form of a franchise agreement, which is separate and distinct from any license or permit required for the franchise ordinance, and, together with this chapter, shall contain the terms and conditions upon which a cable television system may be operated in the town and the privilege of transacting and carrying on a business within the town as required by other ordinances and laws of the town.
FRANCHISE AREA. All of the town outside of the corporate limits of any city; provided, that no service shall be required to be delivered to subscribers who reside in areas not having at least 50 residential units per cable mile for the first year of the franchise and 45 residential units per cable mile thereafter, according to the schedule in § 110.045(B).
FRANCHISEE. The person granted a franchise by the Board of Alderpersons under this chapter and the lawful successor, transferee or assignee of the person.
GROSS RECEIPTS. Any and all compensations in whatever form, grant, subsidy, exchange or otherwise, directly or indirectly received by a franchisee, not including any taxes on services furnished by the franchisee, imposed directly on any subscriber or user by a city, county, state or other governmental unit and collected by the franchisee for the entity.
MONITORING. Observing a one-way communications signal or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means for any purposes whatsoever.
PROGRAMMER. Any person who or which produces or otherwise provides program material for transmission by video, audio, digital or other signals, either live or from recorded tapes, to subscribers by means of the cable television system.
PROPERTY OF FRANCHISEE. All property owned, installed or used within the town by a franchisee in the conduct of a cable television system business under the authority of a franchise granted pursuant to this chapter.
SERVICE, BASIC. The total of the following:
(1) The transmission of all broadcast radio and video channel signals provided for in this chapter to subscriber terminals;
(2) The transmission of the public, educational, local government and leased access channel signals;
(3) The transmission of the local origination channel signals;
(4) The transmission of the other cablecast channel signals as are required by the FCC to match the number of broadcast channel signals being transmitted;
(5) The installation and reconnection of subscriber service outlets;
(6) Transmission of color television signals which it receives in color; and
(7) All broadcast signals which may be carried pursuant to the applicable federal regulations.
SERVICE, NONBASIC. Any communications service other than basic service provided over its system by the franchisee directly or as a carrier for its subsidiaries, affiliates or any other person engaged in communications.
STREET. The surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive or communications or utility easement, now or hereafter existing as within the franchise area.
SUBSCRIBER OR USER. Any person or entity receiving for any purpose any service of the franchisee’s cable television system, including, but not limited to, the conventional cable television system service of retransmission of television broadcasts, radio signals, the franchisee’s original cablecasting and the local government, education and public access channels and other services as leasing of channels, data and facsimile transmission, pay television and police, fire and similar public service communication.
SUBSCRIBER SERVICE DROP. The extension wiring from the franchisee’s distribution lines to a subscriber’s building.
TAPPING. Observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether the communications signal exchange is observed by visual or electronic means for any purpose whatsoever.
TOWN ADMINISTRATOR/TOWN CLERK. The town’s chief administrative officer or any designee thereof.
(Prior Code, § 4.1-3) (Ord. passed 9-19-1979)
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